On October 21, 2020, the Practical Reforms & Other Goals to Reinforce the Effectiveness of Self Governance & Self Determination for Indian Tribes (PROGRESS) Act was signed into law. See Public Law 116-180. The PROGRESS Act amends subchapter I of the Indian Self-Determination and Education Assistance Act (ISDEAA), 25 U.S.C. 5301 et seq., which addresses Indian Self-Determination, and subchapter IV of the ISDEAA which addresses DOI's Tribal Self-Governance Program.
The PROGRESS Act calls for a negotiated rulemaking committee to be established under 5 U.S.C. 565, with membership consisting only of representatives of Federal and Tribal governments, with the Office of Self-Governance serving as the lead agency for the DOI. The PROGRESS Act also authorizes the Secretary to adapt negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes.
The Committee will negotiate and advise the Secretary of the Interior (Secretary) through the Office of Self-Governance and the Assistant Secretary - Indian Affairs to develop the text of a proposed rule to implement Title IV of the Indian Self-Determination and Education Assistance Act (ISDEAA) regarding the Tribal Self-Governance Program as amended by the PROGRESS Act. It is anticipated that the proposed rule developed by the Committee will revise the current regulations implementing the Tribal Self-Governance Program codified at 25 C.F .R. Part 1000 to amend, delete, and add provisions as appropriate to implement the PROGRESS Act.
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